United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

December 21, 2005

Before

Hon. WILLIAM J. BAUER, Circuit Judge

UNITED STATES OF AMERICA, ] Appeals from the United Plaintiff-Appellee, ] States District Court for ] the Western District of Nos. 04-4232 and 05-1539 v. ] Wisconsin. ] DANIEL E. DANFORD, ] No. 04 CR 28 Defendant-Appellant. ] ] Barbara B. Crabb, ] Chief Judge.

Upon consideration of the SEALED MOTION TO MODIFY DECEMBER 20, 2005, OPINION, construed as a motion to file the motion under seal, filed on December 21, 2005, by counsel for appellant,

IT IS ORDERED that the motion is GRANTED. The clerk shall file the motion under seal.

IT IS FURTHER ORDERED that the motions is GRANTED to the extent that the opinion is modified as follows: the first full paragraph on page five of the slip opinion is deleted, and this sentence is added to the beginning of the following paragraph: “After the prosecutor inadvertently published to the jury a letter containing the prejudicial (but irrelevant) information, defense counsel moved for a mistrial, contending that the mistake prejudiced the entire jury.”